2.1.5.6 Non-payment of the filing fee, designation fee, extension/validation fee, search fee, renewal fee and failure to file the request for examination

Failure to pay in due time the filing fee, the additional fee, the search fee, the designation fee or the examination fee, or to file the request for examination, means that the application is deemed to be withdrawn. If the EPO finds that the application is deemed to be withdrawn for this reason, it communicates this to the applicant (Rule 160(2)).

The communication under Rule 160(2) and the communication according to Rule 112(1) are sent together in the same communication. In response to this notification of a loss of rights, the applicant can request further processing (see E‑VIII, 2). If, upon entry into the European phase, the renewal fee for the third year is due but not paid, the applicant is informed by a separate notice that draws attention to the possibility to pay the renewal fee with the additional fee within the (already running) six-month period under Rule 51(2). The omission of this notification may not be invoked. For further information on the renewal fee, see A‑X, 5.2.4.

If the application is deemed withdrawn because the filing fee was not paid in due time, reinstatement of rights under Rule 49.6 PCT is available as an alternative remedy. Given the fact that the fee is higher and stricter requirements apply, this remedy has no advantages unless the period for requesting further processing has already expired.

Since neither the search fee, nor the designation fee, nor the request for examination including payment of the examination fee form part of the national (filing) fee under Art. 22(1) PCT or Art. 39(1) PCT, applicants cannot request reinstatement of rights under Rule 49.6 PCT if the application is deemed withdrawn because one of said fees was not paid or examination was not requested in due time.

If the time limit for requesting further processing has been missed, a request for re-establishment of rights in respect of the period under Rule 135(1) may be filed (see E‑VIII, 3 for further information regarding re-establishment of rights).

For information on how to proceed if the renewal fee for the third year is not paid in due time, see A‑X 5.2.4.

If the extension or validation fee is not paid within the prescribed time limit for an extension or validation state, the request for extension or validation is deemed withdrawn (for more information, see A‑III, 12).

Furthermore, if the filing fee is not paid in full, including any page fee due, or if a required translation has not been filed under Rule 159(1)(a), the international application will not be considered as comprised in the state of the art under Art. 54(3) pursuant to Art. 153(5) and Rule 165 (see G‑IV, 5.2).